Planning (Listed Buildings and Conservation Areas) Act 1990

91 Interpretation. E+W

(1) In this Act, except in so far as the context otherwise requires—

• “building preservation notice” has the meaning given in section 3(1);

• “the Commission” means the Historic Buildings and Monuments Commission for England;

• “conservation area” means an area for the time being designated under section 69;

• “conservation area consent” has the meaning given in section 74(1);

• “listed building” has the meaning given in section 1(5);

• “listed building consent” has the meaning given in section 8(7);

• “listed building enforcement notice” has the meaning given in section 38(1);

• “listed building purchase notice” has the meaning given in section 32(1);

• “local planning authority” shall be construed in accordance with section 81;

• “prescribed”, except in relation to matters expressly required or authorised by this Act to be prescribed in some other way, means prescribed by regulations under this Act;

• “the principal Act” means the M1 Town and Country Planning Act 1990;

• “town scheme agreement” has the meaning given in section 79.

(2) Subject to subsections (6) and (7) and except in so far as the context otherwise requires, the following expressions have the same meaning as in the principal Act—

• “the 1962 Act”

• “acquiring authority”

• “the Broads”

• “building”

• “compulsory acquisition”

• “development”

• “development order”

• “development plan”

• “disposal”

• “enactment”

• “functions”

• “government department”

• “joint planning board”

• “land”

• “lease”

• “local authority”

• “London borough”

• “minerals”

• “Minister”

• F1 . . .

• “owner”

• “the planning Acts”

• “planning permission”

• “public gas supplier”

• “use”

• “Valuation Office”,

but this subsection does not affect the meaning of “owner” in section 11.

(3) In this Act “statutory undertakers” has the same meaning as in the principal Act except that—

(a) in sections 33 to 36 it shall be deemed to include references to a public telecommunications operator;

(b) in sections 33 to 36, 51(2)(a) and 90(2) it shall be deemed to include the Post Office, the Civil Aviation Authority, a public gas supplier, a holder of a licence under section 6 of the M2 Electricity Act 1989, the National Rivers Authority and every water or sewerage undertaker.

(4) References in the planning Acts to any of the provisions mentioned in section 82 include, except where the context otherwise requires, references to those provisions as modified under that section.

(5) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(6) In sections 33 to 36, 53(1) 54, 55 and 88(3) “local authority”, in relation to a building or land in the Broads, includes the Broads Authority.

(7) For the purposes of subsection (1)(b) of section 57 and subsection (2) of that section as it applies for the purposes of that subsection the definition of “building” in the principal Act shall apply with the omission of the words “but does not include any plant or machinery comprised in a building”.

Textual Amendments

F1 Words in s. 91(2) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6),Schs. 6 Pt. II para. 48, 19 Pt. I; S.I. 1991/2067, art. 3

Modifications etc. (not altering text)

C1 S. 91 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(j); S.I. 1996/218, art. 2

C2 S. 91(2): power to apply (with modifications) conferred by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), s. 149(3)(b), Sch. 29 Pt. II para. 14 as inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13)

S. 91(2) applied (with modifications) by S.I. 1993/1075, art.4.

Marginal Citations

M1 1990 c. 8.

M2 1989 c. 29.